Haryana

Fatehabad

CC/395/2019

Sukhdershan Singh - Complainant(s)

Versus

National Insurance Company - Opp.Party(s)

Surender Sardana

11 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.

                                 Sh.Rajbir Singh, President.                                                         Smt.Harisha Mehta and Dr.K.S.Nirania, Members

    

                                                                     Complaint No.395 of 2019.

                                                                     Date of Instt.:   13.09.2019.

                                                                     Date of Decision: 11.05.2023

 

Sukhdarshan Singh son of Banta Singh resident of village Karandi, Tehsil Tohana District Fatehabad.

                                                                   ……Complainant

                                            Versus

 

National Insurance Company Limited Branch Tohana Tehsil Tohana District Fatehabad through its Branch Manager.

 

                                                                   ……Opposite party.

 

                             Complaint U/s 12 of the Consumer Protection            Act, 1986

 

Argued by:            Sh.Surender Sardana, counsel for the complainant.

                             Sh.Parveen Zora, counsel for the Op.

 

ORDER:

SH.RAJBIR SINGH, PRESIDENT

 

 

1.                          This complaint has been filed under Section 12 of the Consumer Protection Act, 1986 (in short Act) against the OP with the averments, inter-alia, that the complainant got his three buffaloes insured with the OP for a sum of Rs.1,80,000/- (Rs.60,000/- each buffalo) vide insurance policy No.426005471810000093 for the period w.e.f 13.09.2018 to midnight of 12.09.2019 by depositing Rs.4050/- as insurance premium; that the insured buffaloes were given tags No.160019/693693, 160019/693055 and 160019/693385; that on 24.12.2018, one of the insured buffaloes bearing tag No.160019/693055 died; that the complainant lodged the claim with the Op but the same was repudiated by it vide letter No.426000/2019 dated 31.05.2019 on the ground that the particulars of the died buffalo does not match with the insurance policy as well as health certificate;  that  the act and conduct of the Op has not only caused mental agony and harassment to the complainant but also falls within the definition of deficiency in service on its part. Hence, this compliant.   

2.                          Averments of the complaint have been strongly opposed in the written statement filed on behalf of Op wherein, it is mentioned, inter-alia, that the complaint of the complainant is false and frivolous; that the present complaint is not maintainable; that the complainant has no locus standi to file the present complaint;  that the health certificates of the above said buffaloes were issued by Animal Husbandry Dairying Department on 12.09.2017 and the complainant had intimated about the death of buffalo on 24.12.2018; that as per the report of the surveyor, Sh.Sanjay Kumar Jain, the tail and born of the died buffalo do not match with the Health Certificate issued by concerned department because as per certificate, the horn of the animal was curved, but the tuft hairs of died buffalo were brown; that the said animal was not insured with the Op, therefore, the claim of the complainant was rightly repudiated. Other contentions have also been controverted and prayer for dismissal of the complaint has been made.

3.                          In evidence, the complainant has tendered his affidavit Annexure C1 alongwith documents Annexure C2 to Annexure C7. Thereafter, the evidence of the complainant was closed.

4.                          On behalf of Op, evidence affidavit of Sh.V.K.Gumber, Senior Divisional Manager, has been filed as Ex.RW1/A. Annexure R1 and Annexure R2 have also been filed on record in support of evidence of Op.

5.                          We have heard oral final arguments from both sides and have also gone through the case file minutely.

6.                         From the material available on the case file, it transpires that three buffaloes of the complainant were insured with the Op vide Annexure C2 for a sum of Rs.1,80,000/- (Rs.60,000/- each). All the three buffaloes were given tag Nos. 160019/693693, 160019/693055 and 160019/693385. There is no dispute that the buffalo of the complainant has died and this fact is even clear from a copy of the post mortem report Annexure C7.

7.                          The Op has repudiated the claim of the complainant on the ground that the description of died buffalo does not match with the insured buffalo. To resolve this controversy, the post mortem conducted on the dead buffalo is the major and vital document. In this very document, the concerned doctor had opined that died buffalo was having tag No.160019-693055 and the same tag number has been written in the insurance policy (Annexure C2) issued by the Op to the complainant for insuring three buffalo. In the post mortem report Annexure C7 the breed of died buffalo has been mentioned as MIXED MURRAH and in the insurance policy Annexure C2 the bread of the buffalo is also mentioned as MIXED MURRAH. Therefore, at this stage, the Op has no right to dispute the identity of died buffalo with the insured buffalo. The fact regarding death of the buffalo of the complainant, which was duly insured with the Op, during the subsistence of the policy, is not disputed, therefore, the act and conduct of the OP clearly reveals that it is bent upon to avoid the legal claim of the complainant on one pretext or the other because it has been clearly established on the case file that the dead buffalo was having same tag and the complainant was owner of the same. The OP is relying upon the report of surveyor Annexure R2. It is well settled principle of law that there is no provision under the law to appoint a Surveyor by the Insurance Company of its own when there is no legal sanctity to the report submitted by such a surveyor. Such an investigation can be got done by the Insurance Company for its own satisfaction but in order to prove the report, the Insurance Company shall have to produce independent evidence about the  report. In that view of the things, the Op has committed an error in not releasing the insurance amount of the dead buffalo in favour of the complainant. In our considered opinion, it amounts to deficiency in service on the part of Op.

8.                          For the above mentioned reasons, we hereby allow this complaint against OP directing it to pay a sum of Rs.60,000/-(Sixty Thousand), i.e. the insured amount of the dead buffalo, to the complainant, with simple interest @ 6 % per annum from the date of filing of this complaint till actual payment. The Ops are further directed to pay to complainant Rs.11,000/-, in lump sum, towards mental agony, harassment and litigation expenses.  The compliance of this order be made by the Op within 45 days from today, failing which the above mentioned relief amount would carry simple interest @ 12 % per annum from date of filing of this complaint till actual realization.

9.                          In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rule.  The case file be consigned to record room, as per rules, after necessary compliance.

Announced in open Commission.                                                           Dated: 11.05.2023.

 

                                                                                                        

(K.S.Nirania)                         (Harisha Mehta)                  (Rajbir Singh)                      Member                                      Member                                  President